The pendency of a criminal investigation (FIR) does not automatically preclude the renewal of a passport for its full term of 10 years or the permission to travel abroad, provided the petitioner complies with bail conditions and provides travel undertakings.

Order

The present miscellaneous petition has been filed by the petitioner under Section 528 BNSS, seeking permission to renew his passport and to travel abroad.

Learned counsel for the petitioner submitted that the petitioner’s passport No. L9708306 has expired. However, FIR No. 118/2012 registered at Kotwali, District Nagaur, is pending against him. As per the passport authorities circular, the passport can presently be renewed for only one year, which creates difficulties in obtaining visas and traveling abroad. In these circumstances, the petitioner seeks a direction to the respondent authorities to renew the passport for the full term of 10 years in accordance with the Act and Rules.

It was submitted that the mere pendency of the FIR cannot be an impediment to renewing the passport for a full term of 10 years, nor can it prevent travel abroad, especially since the FIR has been pending since 2012 and the investigation has not reached any conclusion.

Mr. Rajendra Choudhary appeared on behalf of Respondent No. 2 and submitted that the authorities would act in accordance with law and as per the directions of this Court.

The petitioner relied upon the judgment in Abhayjeet Singh vs State (SB CrLMP No. 5870/2024), decided on 02.09.2024.

The Court heard the learned counsel for the petitioner. It is an admitted position that the FIR has been registered since 2012 and the investigation is still pending. However, in a criminal miscellaneous petition filed by a co-accused, an interim order is already operating.

In view of the above, the Court is inclined to allow the criminal miscellaneous petition. The authorities are directed that, if the petitioner applies for renewal of passport No. L9708306, the pendency of FIR No. 118/2012 shall not prevent renewal of the passport for the full period of 10 years.

The Court also grants permission to the petitioner to travel abroad, subject to the following conditions:

1.The petitioner shall comply with the conditions of bail imposed by this Court in the criminal miscellaneous bail application No. 5920/2017, dated 11.07.2017.

2.The petitioner shall submit an undertaking with the details of his travel, including specific dates of departure and return, before the jurisdictional magistrate, so that the ongoing investigation or trial is not hampered.

In view of the above, the criminal miscellaneous petition is allowed.